Appendix 1
Terms of Reference
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That a select committee, to be known as
the Select Committee on the National Broadband Network, be established to
inquire into and report by 30 March
2009 on:
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the Government's proposal to partner
with the private sector to upgrade parts of the existing network to fibre to
provide minimum broadband speeds of 12 megabits per second to 98 per cent of
Australians on an open access basis; and
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the implications of the proposed
National Broadband Network (NBN) for consumers in terms of:
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service availability, choice and costs,
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competition in telecommunications and
broadband services, and
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likely consequences for national
productivity, investment, economic growth, cost of living and social capital.
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That the committee's investigation
include, but not be limited to:
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the availability, price, level of
innovation and service characteristics of broadband products presently
available, the extent to which those services are delivered by established and
emerging providers, the likely future improvements in broadband services
(including the prospects of private investment in fibre, wireless or other
access networks) and the need for this government intervention in the market;
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the effects on the availability, price,
choice, level of innovation and service characteristics of broadband products
if the NBN proceeds;
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the extent of demand for currently
available broadband services, what factors influence consumer choice for
broadband products and the effect on demand if the Government's
fibre-to-the-node (FTTN) proposal proceeds;
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what technical, economic, commercial,
regulatory and social barriers may impede the attainment of the Government's
stated goal for broadband availability and performance;
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the appropriate public policy goals for
communications in Australia and the nature of regulatory settings that are
needed, if FTTN or fibre-to-the-premise (FTTP), to continue to develop
competitive market conditions, improved services, lower prices and innovation
given the likely natural monopoly characteristics and longevity of the proposed
network architecture;
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the possible implications for competition, consumer choice,
prices, the need for public funding, private investment, national productivity,
if the Government does not create appropriate regulatory settings for the NBN;
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the role of government and its relationship with the
private sector and existing private investment in the telecommunications
sector;
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the effect of the NBN proposal on existing property or
contractual rights of competitors, supplier and other industry participants and
the exposure to claims for compensation;
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the effect of the proposed NBN on the
delivery of Universal Service Obligations services;
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whether, and if so to what extent, the
former Government's OPEL initiative would have assisted making higher speed and
more affordable broadband services to areas under-serviced by the private
sector; and
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the cost estimates on which the Government has based its
policy settings for a NBN, how those cost estimates were derived, and whether
they are robust and comprehensive.
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That, in carrying out this inquiry, the
committee will:
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expressly seek the input of the
telecommunications industry, industry analysts, consumer advocates, broadband
users and service providers;
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request formal submissions that
directly respond to the terms of reference from the Australian Competition and
Consumer Commission, the Productivity Commission, Infrastructure Australia, the
Department of the Treasury, the Department of Finance and Deregulation, and the
Department of Infrastructure, Transport, Regional Development and Local
Government;
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invite contributions from organisations
and individuals with expertise in:
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public policy formulation and
evaluation,
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technical considerations including
network architecture, interconnection and emerging technology,
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regulatory framework, open access,
competition and pricing practice,
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private sector telecommunications
retail and wholesale business including business case analysis and price and
demand sensitivities,
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contemporary broadband investment, law
and finance,
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network operation, technical options
and functionality of the ‘last mile' link to premises, and
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relevant and comparative international
experiences and insights applicable to the Australian context;
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advertise for submissions from members
of the public and to the fullest extent possible, conduct hearings and receive
evidence in a manner that is open and transparent to the public; and
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recognise the Government's NBN proposal
represents a significant public sector intervention into an increasingly
important area of private sector activity and that the market is seeking
openness, certainty and transparency in the public policy deliberations.
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That
the committee consist of 7 senators, 2 nominated by the Leader of the
Government in the Senate, 4 nominated by the Leader of the Opposition in the
Senate, and 1 nominated by any minority party or independent senators.
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On the nominations of the Leader of
the Government in the Senate, the Leader of
the Opposition in the Senate and any minority party and independent senators,
participating members may be appointed to the committee;
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participating members may participate
in hearings of evidence and deliberations of the committee, and have all the
rights of members of the committee, but may not vote on any questions before
the committee; and
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a participating member shall be taken
to be a member of the committee for the purpose of forming a quorum of the
committee if a majority of members of the committee is not present.
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That the committee
may proceed to the dispatch of business notwithstanding that all members have
not been duly nominated and appointed and notwithstanding any vacancy.
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That the committee elect as chair one of the members nominated by
the Leader of the Opposition in the Senate.
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That the chair of the committee may, from time to time, appoint
another member of the committee to be the deputy chair of the committee, and
that the member so appointed act as chair of the committee at any time when
there is no chair or the chair is not present at a meeting of the committee.
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That, in the event of an equally divided vote, the chair, or the
deputy chair when acting as chair, have a casting vote.
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That
the committee have power to appoint subcommittees consisting of 3 or more of
its members, and to refer to any such subcommittee any of the matters which the
committee is empowered to examine.
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That
the committee and any subcommittee have power to send for and examine persons
and documents, to move from place to place, to sit in public or in private,
notwithstanding any prorogation of the Parliament or dissolution of the House
of Representatives, and have leave to report from time to time its proceedings
and the evidence taken and such interim recommendations as it may deem fit.
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That
the committee be provided with all necessary staff, facilities and resources
and be empowered to appoint persons with specialist knowledge for the purposes
of the committee with the approval of the President.
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That
the committee be empowered to print from day to day such papers and evidence as
may be ordered by it, and a daily Hansard be published of such proceedings as
take place in public.
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